Arizona DUI Lawyers
A DUI in Arizona is two cases in front of two different judges: the criminal charge in court, and your license in front of a second judge at the MVD, each on its own clock. Our DUI practice is led by our lead DUI attorney and built to fight both. The first days decide more than the trial date ever will.
Phones answered 24/7 · Flat fees with payment plans · Defense in Maricopa County courts
The Four Tiers of Arizona DUI
Arizona charges DUI in tiers, and the tier drives everything: the mandatory jail floor, the fines, the interlock period, and whether you're facing a misdemeanor or a felony. The law reaches further than most people expect. "Impaired to the slightest degree" is enough, and you don't have to be driving, sitting in actual physical control of the car counts.
Drugs count too, including prescription medication and marijuana. For marijuana, the fight is often scientific: metabolites in your blood are not proof you were impaired, and we push the lab for quantification instead of letting a presence-only test stand.
Where the prosecutor sets the tier:
Regular DUI
Impaired to the slightest degree, a BAC of 0.08 or more within two hours of driving, or drugs in your system.
Class 1 MisdemeanorExtreme DUI
BAC of 0.15 to 0.199. The mandatory jail floor jumps to 30 consecutive days, and probation only comes after the full sentence is served.
30-Day MinimumSuper Extreme DUI
BAC of 0.20 or more. The floor rises to 45 consecutive days, with higher fines and a longer interlock period.
45-Day MinimumAggravated DUI
DUI on a suspended license, a third DUI within 84 months, a child under 15 aboard, wrong-way driving, or DUI while interlock-required. A felony with prison on the table.
FelonyReal Penalties, in Plain Numbers
First-offense floors set by law, before a single fact gets fought:
First Regular DUI (ARS § 28-1381)
- 10 consecutive days in jail as the legal starting point, 9 of them suspendable when you complete alcohol screening and classes
- Fines, assessments, and jail costs commonly totaling about $2,200, including roughly $687 in jail fees
- Ignition interlock device, typically 12 months
- License suspension on the MVD side, with a restricted-permit path
Extreme, Super Extreme, and Aggravated
- Extreme: 30 consecutive days minimum, no probation until served
- Super extreme: 45 consecutive days minimum, higher fines, longer interlock
- Aggravated: a felony carrying at least 4 months in prison for the suspended-license and third-offense versions
- Gun rights are lost with FELONY aggravated DUI only. Extreme and super extreme stay misdemeanors, brutal ones, but misdemeanors
Floors are where the case starts, not where it has to end. Charge reductions, including reckless driving under ARS § 28-693, change these numbers entirely, and that is the fight we're built for. Facing the felony version? Start with our aggravated DUI page linked below.
Two Clocks, Two Judges, One Defense
Every Arizona DUI runs in front of two judges. The judge in criminal court decides jail, fines, and your record, over months. A second judge at the MVD decides your license, in days. Here's the part almost nobody tells you: public defenders do not handle MVD hearings. If you don't hire a private lawyer, the license fight simply never happens. We request and handle the MVD hearing in-house at no extra charge, and winning it protects your license and often saves around $3,000 in SR-22 insurance costs.
On the criminal side, what we attack:
- The stop itself. No lawful reason to pull you over means everything after it is on the table for suppression.
- Field sobriety theater. Roadside tests are graded by the officer who already decided to arrest you. They're attackable, and juries know it.
- The machine and the lab. Calibration records, maintenance logs, and blood-draw procedure. We send blood samples for independent retesting instead of taking the lab's word.
- The two-hour element. A 0.08 reading at the station is not a 0.08 reading behind the wheel. Rising-BAC science matters.
- Marijuana quantification. Metabolites prove use, not impairment. We force the distinction.
Our DUI defense is led by our lead DUI attorney, Brielle Schumpe. See real outcomes on our case victories page, and grab the free Arizona DUI Survival Guide.
Five Moves That Protect You
- Move on the MVD first. The license clock is measured in days, not weeks. Demanding the hearing on time keeps you driving and opens a second front.
- Write down the timeline. What you drank or took, when, what you ate, medications, and the exact sequence of the stop, while it's fresh.
- Save your camera footage tonight. Dashcams and Teslas overwrite themselves within days. Save the clip now even if you think you won't need it, because wanting it a week later is too late. Keep bar receipts and witness names too.
- Stop talking to the police. Politely decline interviews with police or detectives until you have a lawyer. Every answer gets written down.
- Get a lawyer before your first court date. Early pressure shapes what gets filed, and the difference between DUI levels is worth more than anything argued later.
Defense You Never Have to Chase
MVD Hearings In-House
Your license fight at the MVD is part of the case, not an upsell. We request and handle the hearing ourselves at no extra charge.
Recorded Video Updates
After every hearing you get a personal video from your legal team explaining what happened and what comes next. No wondering, no phone tag.
Advice on the Record
Our recommendations come to you in writing, so you always know exactly what we advised and why.
Arizona DUI, Answered Straight
Is a first DUI in Arizona a misdemeanor or a felony?
A first regular DUI is a class 1 misdemeanor under ARS § 28-1381. It becomes felony aggravated DUI when specific triggers apply: driving on a suspended license, a third DUI within 84 months, a child under 15 in the car, wrong-way driving under the influence, or driving while interlock-required. The level of the charge is worth fighting because everything else flows from it. See our full guide to aggravated DUI in Arizona.
Will I actually serve jail time for a first DUI?
The law sets 10 consecutive days for a first regular DUI, with 9 suspendable when you complete alcohol screening and classes, so the best case is one day served. Treat that as the starting point, not a promise: prosecutors sometimes open at 15 days with 9 suspended, or add house arrest on top of the day in jail. Extreme DUI changes the math entirely: 30 or 45 consecutive days minimum. Fighting the charge down to a lower level is the single biggest lever in the case. See our full guides to extreme DUI and super extreme DUI.
Do I lose my license?
The MVD suspension runs separately from criminal court, on a much faster clock. Demanding an MVD hearing on time protects your license while the case unfolds, and a restricted permit often keeps you driving to work. We handle MVD hearings in-house at no extra charge.
Can I get a DUI for marijuana, even with a card?
Yes, Arizona charges drug DUIs, including marijuana. But metabolites in your blood prove use, not impairment, and impairment is what matters. We push for quantification and challenge presence-only lab work. These cases are more winnable than most people are told.
Can a DUI be reduced or dismissed?
Many are. When the stop was bad, the breath machine's records don't hold up, or the blood work has problems, the prosecutor's case gets weaker, and weaker cases get reduced, sometimes to reckless driving under ARS § 28-693, or dismissed outright in the right situations. No honest lawyer promises an outcome. See real resolutions on our case victories page.
Will this stay on my record forever?
A conviction stays unless you act to clear it. Arizona allows many convictions to be set aside, and some records to be sealed, once your case fully ends. Our record-removal division, AZ Record Removal, handles exactly that, so the plan for your record starts on day one.
Where do you defend these cases?
We defend criminal charges in courts across Maricopa County, including Phoenix and the surrounding cities. Phones are answered 24/7, and free consultations are scheduled during business hours. Call 602-900-7625.
Do Not Face This Charge Alone
The prosecutor is already building their version of events. A free, confidential consultation gets your side moving today.